terms and conditions

Welcome to Chatby

Have fun reading this it's amaaaaaaaziiiing.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements:

“Client”, “You” and “Your” refers to you, the person accessing our platforms and/or and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, Chatby Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Our platforms”, "platforms" or "services", refers to Chatby Inc. website, iOS mobile application and Android mobile application. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These terms and conditions outline the rules and regulations for the use of Chatby's our platforms.

Chatby is located in : Montreal, Quebec, Canada  

You must be at least 18 years of age to create an account on Chatby and use the Service. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

  • You can form a binding contract with Chatby Inc.
  • You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

By accessing our platforms we assume you accept these terms and conditions in full. Do not continue to use Chatby's platforms if you do not accept all of the terms and conditions stated on this page.

other People's rights

Chatby Inc. respects the rights of others. Be nice and take it easy while you are having fun on our platforms. You therefore may not use our platforms in a manner that:

  • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
  • bullies, harasses, or intimidates.
  • defames.
  • spams or solicits our users.

By using the Services, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • spam, solicit money from or defraud any users.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk,” intimidate, harass or defame any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • use another user’s account.
  • create another account if we have already terminated your account, unless you have our permission.

Chatby reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Chatby regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. Chatby Inc. reserves the right to delete any account or ban any user for an indefinite time period and at any time, that the user has been considered inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You must also respect Chatby Inc.’s rights. These Terms do not grant you any right to:

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services.
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
  • use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

Safety

We try our best to keep our platforms as safe as possible. But we can’t guarantee it. That’s where we need your help. By using the Services, you agree that:

  • We do not disclose anyone's GPS position, so please don't do it either.
  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

We truly care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, don't use your cellphone while driving.

License

Unless otherwise stated, Chatby and/or it’s licensors own the intellectual property rights for all material on our platforms. All intellectual property rights are reserved. You may view and/or print pages our platforms for your own personal use subject to restrictions set in these terms and conditions.

Chatby Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

You must not:
    
Republish material from our platforms
Sell, rent or sub-license material from our platforms
Reproduce, duplicate or copy material from our platforms  
 

User generated content

Certain parts of our platforms offer the opportunity for users to post and exchange opinions, information, material and data ('Content') in areas of our platforms. Chatby does not screen, edit, publish or review Content prior to their appearance on our platforms and comments do not reflect the views or opinions of Chatby Inc., its agents or affiliates. Content reflects the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Chatby Inc. shall not be responsible or liable for the Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Content on our platforms.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
Chatby Inc. reserves the right to monitor all Content and to remove any Content which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:
You are entitled to post the Content on our platforms and have all necessary licenses and consents to do so;
The Content do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
The Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
                
You hereby grant to Chatby Inc. a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Content in any and all forms, formats or media.

The Services may contain advertisements. In consideration for Chatby Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Chatby Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Chatby account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Chatby Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

Hyperlinking to our Content

The following organizations may link to our platforms without prior written approval:            

Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our platforms in the same manner as they hyperlink to the Web sites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our platforms.            

These organizations may link to our home page, to publications or to other of our platforms information so long as the link:

(a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as;

dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other of our platforms information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our platforms,
you must notify us by sending an e-mail to chatbyinc@gmail.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our platforms,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our platforms as follows:    
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party's site.

No use of Chatby’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Frames

Without prior approval and express written permission, you may not create frames around our platforms or
use other techniques that alter in any way the visual presentation or appearance of our platforms.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our platforms. You agree to immediately remove all links to our platforms upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our platforms, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our platforms

If you find any link on our platforms or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on our platforms is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that our platforms remains available or that the material on our platforms is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our platforms and the use of our platforms (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
    
    limit or exclude our or your liability for death or personal injury resulting from negligence;
    limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    limit any of our or your liabilities in any way that is not permitted under applicable law; or
    exclude any of our or your liabilities that may not be excluded under applicable law.
    

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that our platforms and the information and services on our platforms are provided free of charge, we will not be liable for any loss or damage of any nature.